Final Order 1

Order Details: Other
Pdf Text: Advocate Kameela Diler for Plaintiff present None present for Defendant. Heard
Plaintiff&amp#039s advocate about Notice of Motion no.2918/19. Plaintiffs advocate
submitted that issue nos.1,5 and 6 are necessary to be clubbed together to save time of the court.
Further, Plaintiffs advocate submitted that in view of pleadings from para no.20 of plaint and 26 of
Written Statement, additional issue is necessary to be framed. I have perused plaint and Written
Statement and issues framed by my learned predecessor on 31/08/2017. I have given serious
consideration to the submissions made by Plaintiff. If issue nos.1,5 and 6 will be clubbed together,
one complicated issue will come into existence and therefore prayer to that effect can not be
granted, because if the complicated issue will be framed parties will be unable to prove and
disprove those issues contending that due to framing of complicated issue, they were unable to
understand crux of the matter. However on perusal of para no.20 of the plaint and para no.26 of
Written Statement, I find that additional issue as prayed by the Plaintiff can be framed, however
issue is necessary to be framed in the language of the court and not in the language given by
Plaintiff. Further, one more additional issue is necessary to be framed in view of contentions raised
in para no.26 of Written Statement, hence following additional issues are being framed.
ADDITIONAL ISSUES 1. Do the Defendants prove that Plaintiff was under an obligation to finally
decide price of suit flat and to make full payment on or before 07/04/2006 and said time was
extended till 30/04/2006 2. Do the Defendants prove that inspite of request made by Defendants on
28/04/2006 to Plaintiff and her husband they had not adhered to their promise and they have not
made payment as decided. Further, as pointed out by Plaintiff in the Notice of Motion corrections
are being made in issue nos.2 and 10 in respect of the spelling mistakes related to the words
&amp#039token&amp#039 and &amp#039reliefs&amp#039. In view of above
observations, I proceed to pass following order- ORDER Notice of Motion no.2198 of 2019 is
partly allowed. Prayer for clubbing of issues nos. 1,5 and 6 stands rejected and 2 additional issues
are being framed. So also corrections is being made in issue nos.2 and 10. Case is adjourned to
22/11/2019 for evidence of Plaintiff.
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